India, a diverse and multicultural country, has long grappled with the complex issue of minority rights. Recently, the Union government informed the Supreme Court (SC) that state governments now have the authority to grant minority status to any religious or linguistic community, including Hindus. This was part of the Union government’s response to a plea seeking guidelines for identifying minorities at the state level.
The Case in Focus
It was argued in the plea that Hindus are considered a ‘minority’ in six states and three Union Territories but cannot avail the benefits of schemes intended for minorities. According to the 2011 census, Hindus constitute a minority in Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab (38.40%). The plea asserted that Hindu communities in these states should be given minority status as per rulings in the 2002 TMA Pai Foundation case and the 2005 Bal Patil case.
In the TMA Pai case, it was held that for the purpose of Article 30, which pertains to minority rights to establish and run educational institutions, the state is the unit for determining religious and linguistic minorities. The 2005 Bal Patil case upheld this legal position.
The Centre’s Stand
The Centre denied the petitioner’s argument regarding the power of the Centre, citing that states can also “certify institutions as being minority institutions as per the rules of the said state.” It mentioned Maharashtra’s 2016 notification of Jews as a minority community and Karnataka’s declaration of several languages as minorities.
According to the Centre, both Parliament and State legislatures have concurrent powers to enact laws for the protection of minorities and their interests. It added that the decision to declare followers of Judaism, Bahaism, and Hinduism as minorities in certain states lies with the respective state governments.
Revisiting Constitutional Provisions for Minority
Article 29 of the Indian Constitution grants any section of citizens with a distinct language, script or culture, residing anywhere in India, the right to conserve it. This protects both religious and linguistic minorities. Article 30 gives all minorities the right to initiate and manage educational institutions of their choice. The protection under Article 30 is confined only to minorities (religious or linguistic).
Article 350-B, introduced through the 7th Constitutional (Amendment) Act 1956, provides for a Special Officer for Linguistic Minorities appointed by the President of India.
India’s Recognised Minority Communities
Currently, communities notified under section 2(c) of the National Minorities Commission Act (NCM), 1992, by the central government are considered minorities. With the enactment of the NCM Act, 1992, five religious communities viz., Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) were notified as minority communities. In 2014, Jains were also included in this list.